Live-in relationship with married woman illicit, no protection, rules Rajasthan High Court

Jaipur: A married woman, who is in a live-in relationship with another man, has been denied police protection by the Rajasthan High Court, which ruled that such a relationship is illicit and "not within the purview of the social fabric of India".

The woman had sought police protection, contending some private persons were not happy with her relationship.

Citing the Allahabad High Court's recent order dismissing the plea for protection of a married woman living with her partner and imposing the exemplary cost of Rs 5,000, a bench of Justice Satish Kumar Sharma said: "No law-abiding citizen who is already married under the Hindu Marriage Act can seek the protection of this court for an illicit relationship, which is not within the purview of the social fabric of this country.

"The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per the law applicable to the community if Hindu law does not apply to her."

Referring to Allahabad High Court's recent ruling, the court observed: "It is a well settled legal position... that live-in relationships cannot be at the cost of the social fabric of this country, and directing the police to grant protection may indirectly give our assent to such illicit relations."

Taking into account the above legal position, the prayer for granting police protection is being rejected, the court said, but added that in case, any offence is committed on the petitioners, they are at liberty to lodge an FIR in the police station concerned or may take available legal recourse.